Idaho Administrative Code
Title IDAPA 38 - Administration, Department of
Rule 38.04.08 - RULES GOVERNING USE OF IDAHO STATE CAPITOL
Section 38.04.08.401 - APPROVALS AND DENIALS OF A PERMIT APPLICATION
Universal Citation: ID Admin Code 38.04.08.401
Current through August 31, 2023
01. Period for Approval or Denial. The Department will approve or deny a complete application within two (2) State Business Days of the submission of the application. (4-6-23)
02. Basis for Denial. Permits may be denied for one (1) or more of the following: (4-6-23)
a. A Permit has been
granted for all or part of the requested location during all or part of the
requested time period. (4-6-23)
b.
A public entity or official will be using all or part of the requested location
during all or part of the requested time period. (4-6-23)
c. The requested use would violate any
provision of these rules or applicable law. (4-6-23)
d. These rules do not authorize the use for
the location or times requested or do not authorize the issuance of a Permit
for the location requested. (4-6-23)
e. The Permit application is incomplete,
contains a material falsehood, or contains a material misrepresentation.
(4-6-23)
f. The Permit applicant
has not certified that the applicant will comply with these rules or applicable
law. (4-6-23)
g. The party signing
the application is not legally competent to bind themselves or the organization
or entity submitting the application. (4-6-23)
h. The individual, organization or entity
submitting the application: (4-6-23)
i. Failed
to pay costs or damages arising from an earlier use of any state facility;
(4-6-23)
ii. Made a material
misrepresentation regarding the nature or scope of the use on a prior Permit
application; (4-6-23)
iii. Violated
the terms of prior Permits issued to the individual, organization or entity; or
(4-6-23)
iv. Violated any
applicable law in the course of previous Public Use of state of Idaho
facilities. (4-6-23)
i.
The requested use would cause a clear and present danger to the orderly
processes of state of Idaho government or to the use of the Idaho State Capitol
due to advocacy of: (4-6-23)
i. The violent
overthrow of the government of the United States, the state of Idaho, or any
political subdivision thereof; (4-6-23)
ii. The willful damage or destruction, or
seizure and subversion of public property; (4-6-23)
iii. The forcible disruption or impairment of
or interference with the regularly scheduled functions of the state of Idaho;
(4-6-23)
iv. The physical harm,
coercion, intimidation or other invasions of the lawful rights of public
officials or the public; or (4-6-23)
v. Other disorders of a violent nature.
(4-6-23)
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